( 1 ) THE appellant has been convicted under Section 302 IPC and sentenced to undergo life imprisonment. He was charged and tried along with three others (since acquitted) for an offence punishable under Section 302/34 IPC, but convicted under Section 302 L. P. C. vide judgement dated 6-2-1985 passed by the Third Additional Sessions Judge, Ujjain in Sessions Trial No. 162 of 1985.

( 2 ) SHORT facts of the case are; that on 4-8-1984 around 7 p. m. , the appellant along with co-accused committed murder, of one gangaram. According to the prosecution case certain portion of pasture land in village Kukni was encroached upon by the accused. The villagers had, therefore, assembled on the otla of the temple around 12 a. m. to prepare a petition for removal of said encroachment. When Gangaram and Bhagirath, who are brothers, were signing the petition, the accused abused them and threatened them with dire consequences in case any one signed it. It was for this reason that Bhagirath, who was also the Sarpanch of village, did not sign the petition. Gangaram, however, signed it, which resulted in a quarrel between him and the accused. However, on an intervention by other village